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A friend loaned me money in 2011. A year later I was ready to pay the balance in full and requested the payoff amount from his credit card. He didn't return SEVERAL calls or e-mails (later he said he was too busy to look up the info). I didn't know the exact pay off amount, so opted to continue making minimum monthly payments. Soon after I lost my job. I still was making minimum payments, but now he's broke and wants his credit card paid off. He's making demands that I pay off the loan in full when I barely have money to survive right now. There is nothing in writing. Can he sue me in court for the full amount if I'm making the payments? Will the judge take into consideration that I had made every effort to contact him for the pay off amount previously? Please help, thank you

Asked on 11/27/12, 10:03 pm

1 Answer from Attorneys

With a few exceptions (see "Statute of Frauds"), a contract does not have to be in writing. If a court can ascertain that there existed an oral agreement, that agreement is generally enforceable. In your case, it depends upon the nature of the agreement as to whether it may be enforced in the manner demanded by the person who gave you the loan. For example, did you agree to pay off the loan in full within a certain amount of time?